A Misdiagnosis Or Failure To Diagnose Can Be Serious And Life-Threatening

There may be just one opportunity to treat a medical condition before it worsens. An incorrect diagnosis or a delay in diagnosis can be devastating for the patient and the family. Failure to diagnose — if it can be proven — is grounds for a medical malpractice lawsuit.

Goldsmith & Goldsmith, LLP, has a strong record of holding physicians and hospitals accountable for diagnosis errors. Our lawyers have secured notable
verdicts and settlements in misdiagnosis cases throughout New Jersey and New York.

An Accurate Diagnosis Is Key To Everything

Failure to diagnose a life-threatening condition may allow a preventable death. A delayed diagnosis of cancer may rob the person of treatment options to beat the disease or extend life. An undiagnosed tumor may progress to permanent injury. A misdiagnosis often leads to unnecessary treatment or irreversible harm.

In more than 40 years of practice, attorney/physician
Lee Goldsmith has recovered medical malpractice compensation for failure to diagnose in a wide range of cases, including:

The misdiagnosis or delayed diagnosis may be due to any number of things: failure to order tests, misreading of lab results, miscommunications, failure to listen to patient complaints, failure to follow up, or simply making assumptions rather than following standard medical protocols. Our team is skilled at reviewing medical records to find the specific event or series of mistakes that resulted in the false diagnosis or failure to diagnose.

— We represented a 4-year-old who is permanently disabled due to delayed diagnosis of a tumor on his lower spinal cord. The pediatrician ordered thoracic and cranial CT scans but never ordered a lumbar MRI, which would have revealed the tumor. Our firm has handled five cases of undiagnosed spinal cord hematomas resulting in neurological injury or paralysis.

— In another case, a patient experiencing shortness of breath on Day 12 after a tracheotomy and died on Day 24 from undiagnosed tracheal stenosis — a slow death by asphyxiation that could have been treated.

Do You Believe The Medical Professionals Missed The Signs?

Goldsmith & Goldsmith, LLP, serves surrounding communities of Bergen County, Hudson County and Essex County, and takes cases statewide as well as in NYC. Call 201-429-7892 to discuss a misdiagnosis or failure to diagnose claim with proven misdiagnosis attorneys.

Case Histories

On a clear and dry winter morning, in 2008, shortly before New Year’s Eve, our 59 year old female client was hit by and run over by a bus, as she was crossing Flatbush Avenue in Brooklyn...
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$800,000 Settlement for Failure to Diagnose Splenic Artery Aneurysm

This was an action pending in the EDNC Federal Court brought pursuant to the Federal Tort Claims Act under California Law for capped pain and suffering of $250,000 ...
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$600,000 Settlement for Nursing Home Malpractice

The case, which settled for $600,000 before trial, involved a 98 year-old woman with dementia who was wheelchair-bound and was an in-patient in the long term care section...
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Settlement for Confidential Sum for Failing to Diagnose Lung Cancer

This patient was a 61-year-old man who had two chest x-rays incidental to other procedures and was never advised that the x-rays revealed a mass in his lung.
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Settlement for Confidential Sum for a Falldown and Fractured Femur in Nursing Home

The case, which settled for a confidential sum in the high six figures, involved an 87-year-old mother of four children who was widowed...
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How Our Medical Expertise Helps You

Any lawyer can win damages in egregious cases such as operating on the wrong body part. Many firms have the resources to hire experts. But few lawyers truly understand the medical science of medical malpractice litigation. As a result they may fail to recognize a viable case, unwisely pursue a weak case, or stumble in cross-examination of those medical experts.

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